Submit Notice and Draft Filing
The group must provide a notice and draft of the document to be filed to the ED at least 10 days before filing.
The notice may be an email but must contain the following information:
- Nature of the litigation, including identification of any other parties and amici and their positions;
- Position sought to be taken in the filing;
- Anticipated effect of litigation and final decision;
- Need for the group to take the proposed position (for responses and comments filed in rules cases, the group must also address the absence or existence of conflict with any previous position adopted by the bar or any other bar group, and whether the other bar group has been contacted about its position); and
- Absence or existence of conflict with any previous position adopted by the bar or any group and whether such group has been contacted about its position.
The document to be filed must clearly state that it expresses a position of the group and not the bar, unless the board or EC directs otherwise. A sample statement is:
“This _____ is submitted on behalf of the ______ Section only, and does not express any position of The Florida Bar.”
The ED may forward the notice, draft and other documents, and vote sheet to President’s assistant for distribution to the President and/or the EC.
The group may request a waiver of the 10-day and draft requirements. Only the president may grant the waiver.